Provident Life & Accident Ins. v. Crady

HICKS, Circuit Judge.

Appeal from a judgment in favor of appellee for damages for breaches of an original and a supplemental contract. Appellant was a life and accident insurance company, and appellee was its agent, with authority under the contracts to solicit and secure applications for insurance. The suit was filed on the equity side of the court.

On October 11, 1933, the parties filed a stipulation that “this case may be heard and submitted to the court without the intervention of the jury. * * * ” This stipulation was of course mere surplusage if the suit was in equity. Without…